SF 2175 (LSB 5092XS (2) 90)

SENATE FILE 2175

BY  PETERSEN

A BILL FOR

An Act relating to medical malpractice by exempting claims involving sexual assault from the limitations on noneconomic damages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.136A, subsection 3, Code 2024, is amended to read as follows:
   3.  The limitation on damages contained in this section shall not apply as to a defendant if that any of the following are true:
   a.  That defendant’s actions constituted actual malice.
   b.  That defendant’s action is sexual in nature regardless of either of the following:
   (1)  The act was committed under auspice of providing professional diagnosis, counseling, or treatment.
   (2)  At the time the act occurred, the patient believed the act was for medically or professionally appropriate diagnosis, counseling, or treatment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates an exception to a medical malpractice limitation on damages in personal injury actions that involve a sexual assault. The bill provides that if the health care provider is a defendant in a personal injury action, the limitation on noneconomic damages does not apply if the defendant’s action is sexual in nature regardless of if the action was committed under the guise of medical diagnosis, counseling, or treatment or if the patient believed at the time the act occurred it was for medical diagnosis, counseling, or treatment.